SEVERAL LAVVS AND ORDERS Made at the General Court, Held at Boston in New-England, October 14. 1668.
PRinted and Published by their Order.
Edward Rawson Secr.
Cambridge Printed in the Year, 1668.
Several Laws and Orders, Made at the General Court held at Boston in NEW ENGLAND. October 14. 1668.
Maritime Affaires.
WHereas through the blessing of God upon this Jurisdiction, the Navagation and Maritime affairs thereof, is grown to be a considerable interest, the well management whereof, is of great concernment to the publick weale; for the better ordering the same for the future, and that there may be known Laws and Rules for all sorts of persons imployed therein, according to their several stations and capacities, and that there may be one Rule for the guidance of all Courts in these proceedings, in distributive justice; This Court doth Order, and be It Ordered by the Authority thereof,
SECT. 1.
That whereas there is many times differences between owners of Ships, K [...]tches, Barques and other vessels, in setting forth their several parts, whereby damage doth accrew to the particular concernment of owners, and if not prevented, may be a great obstruction of Trade, where there are several owners concerned, as owners in Ship, Ketch, Barque or other Vessel whatsoever, used for Traffick, Commerce, Fishing, Log, Board, Wood or Stone, carriage upon salt or fresh Water, all such owners of lesser part, shall be concluded for the setting forth of his part, by the major part of the whole concerned, such owners so concluded, having notice given them of the meeting for such conclusion, if they be nigh hand; and in case of any owner refusing, or by reason of neglect or absence, or not able to provide for the setting forth his part, the Master of such Ship or Vessel may take up upon the bottom, for the setting forth of the said part; the which being defrayed, the remainder of the income of such part to be paid by the Master to the said owner.
Sect. 2.
And in case of Fraightment, where any owner shall refuse to assent to the letting out of Ship or Vessel, where he is interessed, such dissenter shall manifest it by some publick act of protest, before the signing of charter party, except the master or the rest of the owners or both, conceal from him or them their actings, then his or their protest after charter party, signed by themselves or agents, shall be taken for legal dissent, yet not to hinder the proceed of the Ship or Vessel, but that those so sending her forth, shall be liable to respond his part upon ensurance according to the custome of Merchants, which ensurance is to be defalked out of that part of hire, due for such owners which dissented.
Sect. 3.
Whereas Masters of Ships or other Vessels, have their owners live part in one Country and part in another, whereby they have in themselves not only oportunity; and some have made use thereof in their own persons, to represent the major part of the owners in the place where he comes; It is therefore Ordered that such Master shall not be taken to have vote in the ordering of such vessel further then his own interest, except he make it appear to the rest of the owners, where he is, that he is authorized under the hands of such owners absent, and then he is to have votes according to the proportion of parts he so stands for, and the majority of parts are to carry it as before; nevertheless it is to be understood, that any owner hath power to make sale of his part, either to the rest of the owners, or others, as may be most to his own advantage, and if any Master shall presume to act contrary hereunto, what damage shall be sustained by the rest of the owners, the Master shall be liable to make good, it being duely proved against him.
Sect. 4.
All Masters taking charge, as Masters of ship or other vessel, & not being sufficient to discharge his place, or that through negligence, or otherwise, shall imbezel the owners or imployers stock, or time, or that shall suffer his men to neglect their due attendance on board, both by day and night, especially when or whilest Merchants Goods are on board, and that Himself or Mate be not on board every night, to see good orders kept, upon defect therein, such Master shall be liable to pay the damage that shall accrew by such neglect, it being duely proved against him.
Sect. 5.
For the Masters better securing their men to them, and to prevent [Page 11] all Coven, they shall make clear agreements with their Marriners, and Officers, for their wages, and those agreements enter into a Book, and take the several mens hands thereto, a copy whereof the Master as a portlige bill shall leave with their owners if required of them, before their setting saile upon the voyage, and all such agreements, the Master shall make good to the seamen, and such ship or vessel as they saile in, shall be liable for to make good the same.
Sect. 6.
All Masters of greater or lesser vessels, shall make due and meet provisions of victuals and drink for their seamen, or passengers, according to the laudable custome of our English Nation, as the custome and capacity of the places they saile from will admit, upon penalty of paying damages sustained for neglect thereof.
Sect. 7.
That no Master shall ship any seaman or marriner that is shipt before by another Master or Imployer upon a voyage, nor shall any seaman ship himself to any other man, until he be discharged from him that shipt him first, upon penalty of him that entertains him to pay one months pay, that such seamean agrees for, as also of such seaman sh [...]pping himself to pay one months pay that he agrees for▪ the half thereof to be paid to the use of the poor of the Town or place where the offence is committed, the other half to the complainer or informer.
Sect. 8.
No Master of ship or vessel shall saile into any Haven or Port, except necessitated thereunto by wind or weather, or for want of provision, or for security from Pirates, but such port as by charter party, or his bill of Lading, he is bound unto, until he hath delivered his goods according to his engagement; and in case any Master shall take in goods for more ports and places then one, he shall declare himself so to do, to those that fraight upon him, and in case he shall voluntarily go to any other Port or Harbor, then he is obliged to as above▪ if damage to the Merchants goods happen thereby, such Master shall make good the same, it being duely proved against him.
Sect. 9.
Any Master hired out or imployed by his owners upon any voyage, receiving advice from his imployers, that the alteration of the voyage when they are abroad, may be much for their security and advantage, by going to some other port, the Master seeing meet to close with that advice, the marriners shall not hinder his proceed▪ unless where any of the seamen shall have made a particular contract with the Master to the contrary▪ provided that they be not carried to [Page 12] stay out above one year, nor be carried to any place where they may be liable to be pressed into a service they are not willing unto
Sect. 10.
Masters shall see that their Officers and Marriners be duely paid their wages according to agreement made with them, upon the finishing of their voyage, without delay or trouble, upon penalty of paying damages for neglect, and all costs that the seamen shall be at for recovering the same.
Sect. 11.
Whereas many times Masters take in Merchants goods on board their ships or vessels upon fraight, when yet they are not meetly fitted with suitable tackling and seamen for the security of such ships or vessels and goods: It is Ordered, that in case any Master of ship or vessel after he hath laden upon his ship or vessel any Merchants goods to be transported, shall for want of sufficient ground tackle (if to be had) or because of want of sufficient men being on board, come a shore to the damage of such Merchants or fraighters in their goods, the ship shall be liable to make good such damages; and in case the defect appear to be in the Master and men both, or either, the owners shall recover such damage from them.
Sect. 12.
Where any Ship Master hath mored his ship or vessel, none other shall come so near to him first mored as to do him damage or receive damage by him, upon the penalty of him so coming to make good all the damage, and to be farther punished if wilfulness or perverseness in the action be proved against him.
Sect. 13.
In case any Master of ship or vessel under saile shall run on board any other ship or vessel at an Anchor, and damnifie him, the party offending shall pay the damage, and such ship or vessel as he sailes in shall be liable to arrest for the making good the damage, the damage to be judged by indifferent men, appointed by the Judges thereof, unless the parties agree among themselves.
Sect. 14.
In case of loss of goods by reason of throwing some over board to ease the vessel to save the rest, the goods thrown over board, shall not be done without the Master and major part of the companies consent, or at least of the officers with the Master, which goods shall be brought into an Avarage, and the whole loss to be born by ship, and goods, and wages in proportion that are saved; the like course shall be for cutting of Masts, and loss thereof, or boats, cables or anchors, as also of riggin and sailes, for the safety of the whole, the Merchants goods are to bear a part of the loss.
Sect. 15.
In case a ship or vessel, at setting forth proves deficient, and gives over the voyage, the charges the Merchant hath sustained in shipping and landing his goods, shall be born by the Master & owners of such vessel, that presumes to take goods into an insufficient bottom.
Sect. 16.
Any ship or vessel at sea receiving damage by the Masters or marriners negligence, yet bringeth the Merchants goods home, and delivereth them according to bills of lading, he shall receive his fraight, but if the Goods be damnified the Master or marriners shall make good the damage.
Sect. 17.
If any ship or vessel in storm shall break loose and fall upon another, and do her damage for want of ground tackle, the ship breaking loose shall make good the damage; but if it appear the Master, or marriners, or both, are negligent of freshing their hoase, or clearing their Cables, they shall pay the damage for such neglect.
Sect. 18.
All marriners being shipt upon a voyage, and in pay, they shall duely attend the service of the Masters ship or vessel for the voyage, and not absent themselves day or night without leave from the Master, upon forfeit for every offence five shillings.
Sect. 19.
No officers or marriners shall be disorderly or unruly, to occasion disturbance in the ship or other vessel he is shipped upon, to hinder or damnifie the voyage, to be proved by the Master or other marriners, or both, upon penalty of paying the damage if able, and in case of inability to pay, to suffer corporal punishment as the nature of the offence may appear to the Judges; and in case Master or marriners shall conceale the offences of such, and refuse to give in evidences therein, they shall be amerced or imprisoned, as the judges shall see meet.
Sect. 20.
If any shall undertake the charge of Pilot, boat-swain, gunner, or any other office, in ship or other vessel, and not be able to discharge the duty of the place, such shall lose their wages in part or in whole, and be further punished for their presumption, as the Judges shall see meet.
Sect. 21.
All marriners shall keep true watch at sea or in harbor, as the Master shall appoint, upon pain of forfeit of twelve pence for every default, to be defalked out of their wages.
Sect. 22.
Any marriner that hath entred upon a voyage, and shall depart and leave the voyage, shall forfeit all his wages, one half to the poor, the other half to the Master and owners, and be further punished by imprisonment or otherwise as the case may be circumstanced, to be judged by the Magistrate or Magistrates they are complained to, except such seaman shall shew just cause for his so leaving the voyage, and shall procure an order therefore from Authority.
Sect. 23.
If any marriner shall have received any considerable part of his wages, and shall run away from the ship or vessel he belongs to, and decline the service of the Master in the prosecution of the voyage, he shall be pursued as a disobedient runaway servant, and proceeded with as such a one.
Sect. 24.
If any marriner shall entertain any person or persons on board the ship or vessel he sailes in, without the masters leave, or Masters or marriners shall do it at unseasonable times, he or they shall forfeit twenty shillings, one half to the poor, the other half to the owners.
Sect. 25.
No seaman, or seamen, or officer shall commit any outrage upon the Master of any ship or vessel, but those so offending shall be severely punished, by fine or other corporal punishment, as the fact shall appear to be circumstanced to the Judges that shall hear it, and as they shall judge meet; if any officers or marriners, shall combine against the Master, whereby the voyage shall be diverted or hindred, or that damage thereby shall accrue to the ship and goods, they shall be punished with loss of wages, as otherwise as mutiniers, as the case may require.
Sect. 26.
In case any ship or vessel be in distress at sea, by tempest or other accident, the marriners shall do their utmost endeavour to assit the Master in saving ship and goods, and not desert him without apparent hazard appear, that by their staying they may lose their lives.
Sect. 27.
And in case of suffering shipwrack, the marriners are without dispute upon their getting on shore, to do their utmost endeavours to save the ship or vessel, tackle and apparel, as also the Merchants goods as much as may; out of which they shall have a meet compensation for their hazard and paines; and any upon conviction of negligence herein shall be punished.
Bastards.
WHereas there is a Law provided by this Court for punishing of Fornicators, but nothing as yet for the easing of Towns, where Bastards are born, in regard of the poverty of the Parent or Parents of such Children sometimes appearing, nor any rule held forth touching the reputed Father of a Bastard for legal conviction.
It is therefore Ordered, and by this Court Declared, that where any man is legally convicted to be the Father of a Bastard childe, he shall be at the care and charge to maintain and bring up the same, by such assistance of the Mother as nature requireth, and as the Court from time to time (according to circumstances) shall see meet to Order: and in case the Father of a Bastard, by confession or other manifest proof▪ upon trial of the case, do not appear to the Courts satisfaction, then the Man charged by the Woman to be the Father, shee holding constant in it, (especially being put upon the real discovery of the truth of it in the time of her Travail shall be the reputed Father, and accordingly be liable to the charge of maintenance as aforesaid (though not to other punishment) notwithstanding his denial, unless the circumstances of the case and pleas be such, on the behalf of the man charged, as that the Court that have the cognizance thereon shall see reason to acquit him, and otherwise dispose of the Childe and education thereof. Provided alwayes, in case there be no person accused in the time of her travail, it shall not be available to abate the conviction of a reputed Father, any Law, Custome or usage to the contrary notwithstanding.
Tolling of Cattle.
FOr the prevention of felonious practices growing upon us, by stealing of Horse-kinde, and other Neat Cattle, and selling them as their own
It is Ordered by this Court and the Authority thereof, that there shall be a Toll-Book kept in every Town by the Clerk of the Writs, wherein all Horse kinde and other Cattle, as aforesaid, bought of any person, shall be entred, with their age, colour and marks, at the peril of the buyer, with the name of the seller, and such seller shall have two Vouchers, to testifie the said seller to be the proper owner of such Horse kinde, or other Cattle so sold; or in case of Horse kinde or Cattle so sold, shall be challenged by any other person, the Vouchers in case of the escape of the seller, shall be liable to all damages that shall arise thereupon; and the Clerk of the Writs shall have three pence of the buyer, for entring every such Horse kinde, or Neat Cattle, and if any Horse kinde, or other Cattle as aforesaid, so bought by any person be not Toll'd, nor Sellers, nor Vouchers found, upon challenge of any such Cattel, the said buyer shall be liable to all damages, as the Felon himself should be were he present, and any person or persons having lost any Horse kinde, or other such Cattle, shall have free liberty to search any Toll-Book in any Town in any such case.
Signing of Warrants.
IT is Ordered by this Court and the Authority thereof, that the Secretary for the time being, shall from time to time, sign all warrants for the execution of persons sentenced to death, either in the General Court or Court of Assistants: and that the Secretary or Clerk of every Court, shall signe Warrants for executions in all other judgements of Courts civil or criminal; any custome or usage to the contrary notwithstanding.
Idle Persons.
WHereas in the Law tit. House of Correction, Idle persons are particularly named as such, as the Law intendeth should be committed to that House for Correction and reformation: This Court taking notice, upon good information and sad complaints, that there are some persons in this Jurisdiction, that have families to provide for, who greatly neglect their callings, or mispend what they earn, whereby their families are in much want, and are thereby exposed to suffer, and to need relief from others.
This Court for remedy of these great and unsufferable evils, do declare, that by idle persons (mentioned in the recited Law) such neglectors of their families, are comprehended amongst the rest, and that in a special manner.
Sabbath breakers.
FOr the better prevention of the breach of the Sabbath. It is enacted by this Court and the Authority hereof, that no servile work shall be done on that day, namely, such as are not works of Piety, of Charity, or of Necessity, and when other works are done on that day, the persons so doing, upon complaint, or presentment, being legally convicted thereof, before any Magistrate, or County Court, shall pay for the first offence Ten shillings fine, and for every offence after to be doubled; and in case the offence herein be circumstanced with prophaness, or high handed presumption, the penalty is to be augmented at the discretion of the Judges.
As an Adition to the Law, for preventing prophaning the Sabbath day, by doing servile work; this Court doth Order, that whatsoever [...] this Jurisdiction, shall travel upon the Lords day, either on horseback or on foot, or by boats, from, or out of their own Town, to [...] unlawful assembly or meeting, not allowed by Law; are hereby declared to be prophaners of the Sabbath, and shall be provided against as the persons that prophane the Lords day, by doing servile work.
Single Persons.
IT is Ordered by this Court and the Authority hereof, that the following Order shall be directed and sent by the Clerks of the several shire Courts, to the Constables of the Towns within their shire, who are enjoyned faithfully to execute the same, and if upon the [Page 18] return made, it doth appear that the Select Men are negligent in executing the Laws therein mentioned; the Court shall proceed against them by Admonition, or fine, as the merit of the case may require, and shall also dispose of single persons, or stubborn children or servants, to the House of Correction, according to the intent of the Law, any Law, Custome or Usage to the contrary notwithstanding.
To the Constable of A.
WHereas the Law published by the honoured General Court, lib. 1. pag 76. sect. 3. do require all Towns, from time to time, to dispose of all single Persons and Inmates within their Towns to service, or otherwise, and in pag. 16. tit. Children and Youth, It is required of the Select men, that they see that all Children and Youth, under family Government, be taught to reade perfectly the English Tongue, have knowledge in the Capital Laws, and be taught some Orthodox Catechism, and that they be brought up to some honest imployment, profitable to themselves and the Common Wealth; and in case of neglect on the part of the Family Governours, after admonition given them, the said Select Men are required, with the help of two Magistrates, or next Court of that shire, to take such Children or Apprentices from them, and place them forth with such as will look more straitly to them.
The neglect whereof, as by sad experience from Court to Court abundantly appears, doth occasion much sin and prophaness to increase among us, to the dishonour of God, and the ensnaring of many Children and Servants, by the dissolute lives and practices of such as do live from under Family Government, and is a great discouragement to those Family Governours, who conscientiously endeavour to bring up their Youth in all Christian nurture, as the Laws of God and this Common wealth doth require:
THese are therefore in his Majesties Name to require you to acquaint the Select men of your Town, that the Court doth expect and will require, that the said Laws be accordingly attended, the prevalency of the former neglect notwithstanding: and you are also required to take a list of the names of those young persons within the bounds of your Town, and all adjacent Farms though out of all Town bounds, who do live from under Family Government, viz. do not serve their Parents or Masters, as Children, Apprentices, hired Servants, or Journey men ought to do, and usually did in our Native Country, being subject to their commands [Page 19] and discipline, and the same you are to return to the next Court to be held at [...] on the [...] day of [...] and hereof you are to make a true return under your hand and not to faile.
Choice of Church Officers.
WHereas the Christian Magistrate is bound by the Word of God to preserve the Peace, Order or Liberty of the Churches of Christ, and by all due means to promote Religion, in Doctrine and Discipline, according to the Word of God: and whereas by our Law, tit. Ecclesiastical, Sect. 4. It is Ordered and Declared that every Church hath free liberty of Calling, Election and Ordination of all her Officers, from time to time, provided they be able, pious, and orthodox: For the better explanation of the said Law, and as an addition thereunto, this Court doth Order and Declare, and be it hereby Ordered and Enacted, that by the Church, is to be meant, such as are in full Communion only; and that the [...]eaching Officer or Officers of such Church or Churches, we do intend shall be the Minister or Ministers to all the people in that Town where such Church or Churches are planted; and that no Inhabitant in any Town shall challenge a right unto, or act in the Calling or Election of such Officer or Minister, until he be in in full communion, upon the penalty of being accounted a disturber of peace and order, and to be punished by the Court of that Shire, either by Admonition▪ Security for the good Behaviour, Fine, or Imprisonment, according to the quality and degree of the offence.
Preserving of Peace.
FOr the better preserving of Peace, and every mans Liberty and Safety in this Jurisdiction, and to the end that all fighting quarrelling and disturbance may be avoided. It is by this Court Ordered, and by the Authority thereof enacted, that no person shall beat, hurt or strike any other person, upon penalty of paying to the party stricken, by fine to the County where the offence is committed, or both, such sum or sums as the County Court, Magistrate, Commissioner or Associate, that take cognizance thereof shall determine: and because in this case several circumstances may alter the degree of the offence, as who do smite, who is smitten, with what instrument, the danger of the wound, more or less, time, place and provocation, and other the like, it is left to the discretion of the Judges aforesaid, upon hearing and consideration, to impose such penalty or penalties, as in their discretion shall seem just, equal and proportionable to the merit of the offence.
Age for Plantiffs and Defendants.
IT is Ordered by this Court and the Authority hereof, that the age for Plantiffs and Defendants in civil cases, before any Magistrate, Commissioner or Court of Judicature, shall be twenty one years of age, and for all persons under that age, their Parents, Masters, and Guardians as they shall see meet shall plead and defend their right and interest, as the matter may require; and in all criminal cases, every person younger as well as elder, shall be liable to answer in their own persons, for such misdemeanours as they shall be accused of, and may also inform and present any misdemeanour to any Magistrate, Grand-jury-man or Court, any Law, Custome or Usage to the contrary notwithstanding.
Judgement for title of House or Land.
IT is Declared and Ordered by this Court and the Authority thereof, That where a Judgement is given in any Court for any person of House or Land, upon the trial of the Title thereof; if the person against whom the Judgement is given, doth either forcibly keep possession thereof still after execution served, or enter upon it again, and so retain possession by force, he shall be counted a high offender against the Law, and breaker of the publick peace; therefore speedily to redress such a criminal offence, every Magistrate is impowred, and by his place hath power to give warrant and command to the Marshal, Officers and other men (whom he thinks meet to be imployed in the business) The Marshal also requiring aid, greater or lesser, as need requires, and suppress the force, and give possession to the owner, and to imprison such as do appear to be delinquents, and their aiders and abettors, to be forth coming at the next Court that did give the Judgement in the case, there to make their Answer: and whom the Court doth finde guilty, to set such fine or other punishment upon them as the merit of their several cases doth require.
SEVERAL Laws and Orders Made at the Generall Court of
ELECTION Held at
Boston, May 19
th 1669.
And Printed and Published by their Order,
June 4. 1669. EDW DRAWSON Secret'.
Order to Rate all Goods and Provisions imported into this Jurisdiction.
THis Court taking notice of sundry Complaints, of much Inequality in the present way of Raising Moneys to defray Publick Charges; Do therefore Order, and by the Authority of this Court be it Ordered and Enacted:
I.
That all Goods, Wares, Merchandizes and Provisions of all sorts (excepting Fish, Sheeps wooll, Cotton-wooll, Salt, and such other things as by former Laws are exempted, or otherwise provided for) which from any forreign part, or other Jurisdiction, shall be imported into any of our Harbours, Ports, Shores, or elsewhere within this Jurisdiction, shall be Rated in a just proportion with Estates rateable in the Country, viz. for every Twenty shillings value shall be paid One peny in money.
II.
All Goods, Wares and Merchandizes as aforesaid, shall be here valued as followeth; that is, Every hundred pounds at the Port or place from whence it came, to be accounted here at One hundred and twenty pounds: which peny per twenty shillings shall be [Page 22] paid by the Agent, Factor, Owner, or other person, by whom they are brought, or to whom they are sent or consigned; and so according to the same proportion for all greater or lesser quantities whatsoever.
III.
To which end, all goods and provisions as aforesaid imported, shall by the Master, Purser, Boatswain, or Skipper of each Ship, or other vessel in which they are brought, before breaking bulk, or landing any of the said goods, be certified unto the Country Treasurer, or Collector by him impowered in the several Port Towns, or other places where they are brought, on penalty of forfeiture of twenty shillings per Tun, according to the burthen of the Ship or vessel wherein they are brought from time to time.
IV.
And all and every such Collector shall carefully and truely enter all such goods, with their several Marks, Casks, Packs, Fardels, Trusses, Chests, Trunks, Cases, and all other things how ever called or distinguished, with the Names of the persons to whom such goods or other things are sent and consigned, or are owners thereof, so far as may by any lawful means be discovered.
V.
And all persons to whom such goods or other things aforesaid are consigned or sent, or are the owners thereof, shall from time to time, before such goods are landed, signifie the true and just value thereof, by shewing the true and perfect Invoyce thereof, unto the aforesaid Collectors for each Port; who are hereby required to Enter the gross Sum thereof in a book for that purpose, what the said goods or other things amount unto, and shall forthwith demand and receive the several Rates or Assessments afore mentioned, or certifie the Treasurer, or such other Collector or Receiver as is concerned therein.
VI.
And in case of deniall or delay of payment, the Collector authorized as aforesaid shall levy the same by distress upon the said goods, at the rate or price set in the Invoyce, out of which he shall have two shillings per pound for his time and labour therein: And for the more full effecting hereof, the said Collector is impowered to require aid (if need be) as any Constable may in the like service, and no man may refuse to assist, upon the same penalty the Law in that case express.
VII.
If any Invoyce or bill of parcels shall be falsified, concealed, or not produced, of any goods or other things imported as aforesaid, it shall be lawful for the Treasurer or Collector, with the Select men of each Town therein concerned, to Rate all such goods, or the Owner or other Agent for the same, by will and doom according to their best discretion; provided it be not less then four pounds per Tun, as the same stands entred in the bill of Lading in the Boatswain or other Officers book.
VIII.
It is further Ordered, in reference to all sorts of Cattel that are brought into this Jurisdiction, to be sold, killed, or transported, that the venders shall give a just and true account of all such Cattel so brought, to some one of the aforesaid Officers impowered to act herein, both in respect of number and kinde, and the same shall be entred in a book; and the owners of all such Cattel, or the person with whom they are trusted, before they are set to sale, killed, or put on board any vessel for transport, shall pay for every Head as is expressed in the Law tit. Charges Publick; upon penalty of forfeiture of any such beast, or the true value thereof, in whose hand soever found: the one half to the publick Treasury, the other half to the Informer.
IX.
For all other sorts of goods, Hides, Skins, Beaver, Peltry, Butter, Cheese, or other Merchandize or Provisions brought into this Jurisdiction by land, the Owner, Factor, Agent, or other person intrusted, shall before any sale made, or before any putting on board any vessel for transport, or other disposal of the said goods, make a just and true Entry thereof, as is before provided concerning goods imported by Sea, and to be rated one peny in every twenty shillings, the same to be paid in money to the said officer, under the penalty of forfeiture as aforesaid; the one third part to the Country Treasurer, one third part to the Informer, and one third part to the Collector.
X.
The Country Treasurer for the time being is hereby impowered and required duly to execute, or cause to be duly and fully executed this present Order in each particular part thereof; who is also impowered and authorised to depute and impower all such officers under him, as he shall judge necessary for the accomplishment [Page 24] thereof, who upon Warrant to them directed under his Hand and Seal shall attend the same: And the said officer or officers shall be accountable to the said Treasurer, when he shall call them thereunto.
XI.
It is also Ordered, That such goods or other things as upon importation shall by this Order be paid for, shall not again for that year be Rated, whilst they remain in the hands of them that so paid for them.
XII.
In case the Treasurer, or any Officer under him, shall finde any great difficult or doubtful case in the execution of this Order, they shall repair to the Governour and Council, or so many of them as can conveniently assemble, provided the number be not less then five, who are hereby impowered to give such order and directions for removing obstructions, as the major part of them shall judge expedient for the effectual prosecution of this Order.
And the Order respecting Customes, made October 1668. is hereby Repealed.
And it is Ordered further, That this present Law be in force forthwith, upon the ending of this present Sessions, and forthwith published in Boston and Charls-town.
It is ordered by this Court, that this
shall be the Seal of the Treasurers Office.
Order to prevent exportation of Money out of this Jurisdiction.
FOr the better execution of the Law pag. 62. sect. 2. for the restraining the Exportation of Money; It is ordered by this Court, and the Authority hereof, That the persons hereafter named, viz.
- For
Boston, Captain
James Oliver, and Mr.
Thomas Brattle, or either of them.
Commissioners to search for Money, &c.
- For Charls-town, Captain John Allen
- For Salem, Mr. Edward Ba [...]ter.
- For Piscataqua, Mr. Elias Stileman.
- For Marble-head, Mr. Samuel Ward.
- For Dedham, Ensign Fisher.
- For Braintry, Moses Pain.
- For Marlborow, William Kerley.
- For Springfield, Laurence Bliss.
Be all and every of them appointed, impowered, and required to search for, and seize all Moneys of the Coin of this Jurisdiction, that shall be found or discovered in any Ship, or any other vessel [Page 25] hath weighed Anchor to depart from that Port where she ladeth, or all such Money that shall be found in any persons Pocket, Cloak-bag, Portmantel, or any other thing belonging [...], after such person hath taken Horse-back, to proceed and [...] his or their Journey out of this Jurisdiction, from the first Town or station whence such persons begin their travel: And all Money that such Searcher shall finde (except so much as is allowed by Law) he shall safely keep it untill the next Court of the Shire, and then present the same unto the said Court; and if it be judged by the Court to be forfeited according to Law, then the said Court are required to order the delivery of one third part to the officer that seized the same, and the other two third parts to return to the publick Treasury of the Country. And it is further ordered, that the Searchers before-named are hereby impowered to break open any Chrest, Trunk, Box, Cabin, Cask, Truss, or any other suspected place or thing, where they or any of them conceive Money may be concealed, and seize the same: And also they or either of them are impowered to require such assistance from any Constables or others, as to them may seem expedient, who are to aid them upon the penalty of fourty shillings Fine for every neglect.
Order further to Regulate Coopers-staves.
WHereas the Law tit. Pipe-staves, p. 64. provides only for Pipe-staves for tite Cask, and that Hogshead-staves and Barrel-staves both of white and red Oak, as well as for Pipe-staves, are frequently transported, and traffiqued in payments, both to the Country Treasury, and otherwise; It is Ordered by this Court, and the Authority thereof, that all Hogshead-staves shall be in length three foot two inches, or upwards, not exceeding three foot four inches; and all Barrel-staves shall be in length thirty one inches, all well and even hewed or dressed sufficiently for use, as for Pipe-staves is expressed, whether of white or red Oak. And all Headings for Pipe-staves of any sort to be in length twenty eight inches; and for Hogsheads and Barrels, sutable to the Cask to be made thereof; and that it be inserted in the Oath appointed for Viewers of Pipe-staves, pag. 88. Any thing in the aforesaid Law to the contrary notwithstanding.
Order to determine Book debts, &c.
ON Complaint, and consideration of sundry Inconveniences both to Creditors and Debtors, through want of seasonable examination and ballancing of Book-accompts; It is Ordered, and by this [Page 26] Court Enacted, That all such book-debts as are now standing out, or that hereafter shall be made, and that shall not within three years after publication hereof, or within three years after such debt as hereafter shall be made, be accounted for or ballanced with the original Debtor, or his Attorney, Agent, Assign, or other lawful Successor or Substitute, and on accompt or ballance thereof, assured by Specialty given for it, or witnessed by subscribing the Debtor or other Accomptants Name to the Creditors book, or the Subscription of the Witnesses to such Accompt, Shall not be pleadable in any Court; unless such book-debt shall within the time before-limited, be prosecuted or proved in such Court as hath proper cognizance thereof, by Evidence competent and approved by the said Court: And the Evidence there recorded, and the Record thereof, shall secure the Creditor, his Executors, administrators and assigns, unless the Debtor or his assigns shall disprove the same, within one year after such proof made, or recovery of the said debt, if such Debtor, his or her agent, attorney, assign, substitute, executor, administrator, or other lawful successor, be or shall be within this Jurisdiction, or elsewhere, and have due notice from the Creditor thereof.
Order determining the choice of Military Officers.
THis Court considering the direction of our Patent, relating to the stating of all Military officers in this Jurisdiction; Do hereby order and declare, That all Commission Officers that at present are in power, are confirmed according to their respective Commissions; but for the time to come, where new are to be chosen, it is onely in the power of the Generall Court (or in case of emergency, for the Council of the Common-wealth) to nominate, choose, appoint, and impower all Commission Military Officers, (excepting the Major-General and Admiral at Sea, the choyce of whom are otherwise provided for by Law) And for all inferiour officers in Companies, they are to be chosen and appointed by the Commission officers of that Company; and where no Commission officer is, by the Major of the Regiment.
Law to prevent breaking of Prisons.
ON Complaint of the Keeper of the Prison, That some Malefactors and other Prisoners have made Escape, by means of some evil-disposed persons that supply them with Instruments to effect the same; It is therefore ordered by this Court, and the Authority thereof, That if any person whatsoever shall any wayes, either directly or [Page] indirectly, convey any instrument or other thing whatsoever, to any prisoner, by which such prisoner, or any other prisoner, either shall, may, or might break prison, or work him or her self unlawfully out of the same; if it were for debt, such person so transgressing shall pay the full debt, and incurre the penalty of Forfeiture of as much to the Country, or undergo such corporal punishment as the Court on whose proceedings such imprisonment followed, or the Court of Assistants, shall impose, order or appoint: And if any prisoner committed for offence or offences, Criminal or Capital, shall by such wicked compliance of any person, break prison, or make escape out of prison, or be found in preparation thereunto, The person or persons which directly or indirectly conveyed such instruments, tools, or other things, whereby such prisoner shall or might work his or her escape from prison; such person shall be liable to the same corporal punishment which the prisoner was liable unto, and also incurre such further penalty by Fine, imprisonment, or corporal punishment, as the County Court, Court of Assistants, or General Court shall appoint: So that where the prisoners are not actually escaped, in such cases any Court to moderate as they shall see meet. And if the escape of any prisoner appear to be through the fault or neglect of the Jaylor, he shall then be liable to such penalties as the prisoner was, according as the Court which hath cognisance thereof shall determine.